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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> DEVICE ONLY MARK (Trade Mark: Opposition) [2003] UKIntelP o02103 (20 January 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o02103.html
Cite as: [2003] UKIntelP o02103, [2003] UKIntelP o2103

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DEVICE ONLY MARK (Trade Mark: Opposition) [2003] UKIntelP o02103 (20 January 2003)

For the whole decision click here: o02103

Trade mark decision

BL Number
O/021/03
Decision date
20 January 2003
Hearing officer
Mr David Kitchin QC
Mark
DEVICE ONLY MARK
Classes
30
Applicants/Respondents
Societe des Produits Nestle SA
Opponents/Appellants
Kellogg Company & Kellogg Marketing & Sales Co (UK) Ltd
Appeal to the Appointed Person in Opposition Proceedings

Result

Appeal successful: costs order reduced

Points Of Interest

Summary

The opponents appealed not against the substantive finding (see BL O/323/01) but against the use of a later, increased scale, in awarding costs against them. They also queried the level at which costs had been awarded. The Appointed Person found that the costs awarded had been approximately double the amount indicated by the (unrevised) scale, without any explanation appearing in the Hearing Officer's decision and he reduced the award accordingly.


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URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o02103.html